Türkiye: Treatment of persons with diverse sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) by society and state authorities, including state protection (2020–November 2022)
1. Legislation
1.1 National
According to sources, sexual relations between persons of the same sex are legal in Türkiye (Freedom House 24 Feb. 2022, Sec. F4; Netherlands 18 Mar. 2021, 58). The LGBTI Equal Rights Association for Western Balkans and Turkey (ERA), "a [r]egional [a]ssociation of lesbian, gay, bisexual, trans, intersex and queer organizations" from the Western Balkans and Türkiye (ERA n.d.), reports that while Article 10 of the Constitution "regulates the equality principle among citizens," it does not "explicitly refer to sexual orientation and gender identity," and "[i]n practice," does not guarantee the equality of LGBT individuals before the law (ERA 8 Mar. 2017). Article 10 of the Constitution of the Republic of Türkiye stipulates the following:
ARTICLE 10- Everyone is equal before the law without distinction as to language, race, colour, sex, political opinion, philosophical belief, religion and sect, or any such grounds.
(Paragraph added on May 7, 2004; Act No. 5170) Men and women have equal rights. The State has the obligation to ensure that this equality exists in practice. (Sentence added on September 12, 2010; Act No. 5982) Measures taken for this purpose shall not be interpreted as contrary to the principle of equality.
…
No privilege shall be granted to any individual, family, group or class.
State organs and administrative authorities are obliged to act in compliance with the principle of equality before the law in all their proceedings. (Türkiye 1982, bold in original and footnote omitted)
Sources report that same-sex marriage is not legally recognized (Equaldex [2021]; ILGA-Europe [Dec. 2021]) and neither is cohabitation or registered partnership between LGBTI couples (ILGA-Europe [Dec. 2021]). Additionally, the same sources note that adoption by a same-sex couple is prohibited (Equaldex [2021]; ILGA-Europe [Dec. 2021]).
According to Freedom House, openly LGBT+ individuals are also "banned" from military service (24 Feb. 2022, Sec. F4). The Netherlands Ministry of Foreign Affairs writes that, according to an interview conducted with a confidential source, "[i]n practice" this means that "homosexuals whose appearance and behaviour can be experienced as 'feminine'" cannot serve in the military (Netherlands 18 Mar. 2021, 65).
Sources report that there are no legal protections from discrimination on the basis of sexual orientation or gender identity (AMERA International n.d.a; Freedom House 24 Feb. 2022, Sec. F4; ILGA-Europe [Dec. 2021]), including at the constitutional level (ILGA-Europe [Dec. 2021]). According to sources, this lack of legal protections also extends to the criminal code (AMERA International n.d.b; Kaos GL July 2020, 23; US 12 Apr. 2022, 84). Additionally, Kaos Gay and Lesbian Cultural Research and Solidarity Association (Kaos GL), an LGBTI+ association in Türkiye (Kaos GL n.d.), indicates that Türkiye has no established hate crime case law that includes legal protection founded on SOGIESC (Kaos GL July 2020, 23).
According to sources, based on the right to privacy, the Constitutional Court recognizes the right of trans persons to undergo a name change regardless of whether they have undergone gender reassignment procedures (Duvar English 22 Sept. 2021; ILGA-Europe 14 Feb. 2022, 144). Additionally, Stonewall, a UK-based organization that provides "information, support and guidance on LGBTQ+ inclusion" (Stonewall n.d.), reports that trans people can change their legal name on all identification documents; however, this requires an application to the National Registration Office, a "'valid reason'" for the name change, and a witness (Stonewall Aug. 2018). Sources state that trans people [who are over 18 (Stonewall Aug. 2018; ILGA World Sept. 2020, 169)] can change their legal gender with court authorization and a medical assessment (Stonewall Aug. 2018; Australia 10 Sept. 2020, para. 3.83), but only to male or female (Stonewall Aug. 2018).
1.2 International
With regards to the "Ratification of International Treaties," the Constitution provides the following:
ARTICLE 90-
…
International agreements duly put into effect carry the force of law. No appeal to the Constitutional Court can be made with regard to these agreements, on the ground that they are unconstitutional. … (Türkiye 1982)
In March 2021, sources report that President Erdoğan announced Türkiye's withdrawal from the Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention), as the government found it "'normal[izes] homosexuality'" (Amnesty International 1 July 2021; HRW 13 Jan. 2022; ICJ 1 July 2021) and is incompatible with Turkish "'family values'" (Amnesty International 1 July 2021; ICJ 1 July 2021). AMERA International, a UK-based not-for-profit organization that gathers and shares resources "for use by refugee legal aid advisors and advocates" (AMERA International n.d.a), indicates that the Istanbul Convention included "explici[t]" provisions for "non-discrimination" based on sexual orientation and gender identity (AMERA International n.d.b). According to the European Commission's 2021 report on Türkiye, "[h]ate speech and smear campaigns" against LGBTIQ persons by government authorities and media "increased" after Türkiye's withdrawal from the convention (EU 19 Oct. 2021, 40).
Sources report that Türkiye has ratified the European Convention on Human Rights (ECHR) (HRA 13 May 2022, 8; AMERA International n.d.b), which includes provisions on "the prohibition of discrimination based on sexual orientation" (AMERA International n.d.b). However, citing European Court of Human Rights rulings as recent as July 2022, Human Rights Watch (HRW) writes that Türkiye has shown a "systemic disregard of the [European Human Rights C]onvention system" (HRW 12 July 2022).
2. Treatment
2.1 By Authorities
2.1.1 Government Officials and Institutions
According to sources, LGBTI persons face rhetoric from government authorities that is "homophobic" (Amnesty International 29 Mar. 2022, 371), "LGBTI+ phobic" (Kaos GL, et al. May 2022, 5) or that "encourage[s] discrimination against LGBT people" (HRW 13 Jan. 2022). Sources note that "state-sponsored discrimination and violence" against LGBT persons have increased since the advent of the COVID-19 pandemic (McCarthy 30 Aug. 2022) or that during the pandemic "[p]olitical leaders" have "encourage[ed] hostility against" LGBTI+ people (Kaos GL, et al. May 2022, 5). A report by Kaos GL, the ERA and three other SOGIESC advocacy groups in Türkiye indicates that, according to "LGBTI+ organisations," "hate crimes and hate speech," were "more challenging" for the LGBTI+ community in 2020 and 2021 compared to previous years, "especially" after the COVID-19 pandemic began (Kaos GL, et al. May 2022, 5). Sources also report that government officials have "blam[ed]" LGBT people for the pandemic (BIRN 18 Jan. 2021; Kaos GL, et al. May 2022, 5). According to HRW, provincial government officials have also "selectively used Covid-19 as a pretext to ban peaceful protests" by various groups, including LGBT rights activists (13 Jan. 2022).
Sources report that on 2 February 2021, Türkiye's Interior Minister posted a comment on Twitter referring to students protesting at an Istanbul university as "'LGBT deviants'" (Reuters 2 Feb. 2021; MEE 3 Feb. 2021). According to the International Lesbian, Gay, Bisexual, Trans and Intersex Association - Europe (ILGA-Europe), the protests followed the presidential appointment of a new university rector who is a "long-standing ally" of Erdoğan, and who has previously "supported anti-LGBTI+" rhetoric (ILGA-Europe 14 Feb. 2022, 142). In response to the same protests, sources note that Erdoğan "prais[ed]" his own party's youth wing for "'not [being] the LGBT youth'" (Reuters 2 Feb. 2021; MEE 3 Feb. 2021) and called the protesters "terrorists" (MEE 3 Feb. 2021).
An article published by the Turkish Minute, an English-language news website focused on Türkiye (Turkish Minute n.d.), indicates that the state-run Higher Education Credit and Hostels Institution launched investigations into "several" students who attended a pro-LGBT parade in Eskişehir in June 2021 and revoked their university housing and scholarships as a result (29 Sept. 2021).
In another instance reported by sources, the government pursued a legal case against executives of Ankara Bar Association accused of "'insulting a public offic[ial]'," over their criticism of anti-LGBT remarks made by the head of the Religious Affairs Directorate [Diyanet] in 2020 (Amnesty International 29 Mar. 2022, 371; AsiaNews 28 Sept. 2021; US 12 Apr. 2022, 37).
According to sources, legal provisions that concern "public morality" have been used by the government to "restrict advocacy for LGBT+ rights" (Freedom House 24 Feb. 2022, Sec. B4) or "as a basis for abuse by police and discrimination by employers" (US 12 Apr. 2022, 85). In an example reported in the US Department of State's Country Reports on Human Rights Practices 2021, a transgender doctor was "expelled" from her post in September 2021, "on the basis of her LGBTQI+ identity," when the Ministry of Health found that her social media activity was not "'in line with public morality'" (US 12 Apr. 2022, 85).
Amnesty International indicates that late in 2021, "prison sentences of up to three years" were handed down to students charged and convicted in relation to a "campus art exhibition depicting a religious site with symbols of the LGBTI community" that took place during the university protests in January of the same year (29 Mar. 2022, 372). According to media sources, the Islamic imagery was accompanied by "various LGBTQ flags" (Hyperallergic 4 Feb. 2021) or "rainbow symbols" (BBC 30 Jan. 2021).
2.1.2 Police and Security Forces
US Country Reports 2021 indicates that, according to "human rights groups," police and prosecutors "frequently failed to pursue cases of violence against LGBTQI+ persons or accepted justification for perpetrators' actions" (US 12 Apr. 2022, 82). In an interview with Duvar English, an online "independent gazette" based in Türkiye (Duvar English n.d.), a representative of Kaos GL reported that while in the past state authorities "focused on limiting" the rights of the LGBTI+ community, in 2021 they began "'interven[ing]'" in their "'existence'," including by "isolat[ing] trans people from women's day marches, arrest[ing] others, and us[ing] queer symbols such as the trans or gay pride flag as criminal evidence" (Duvar English 1 Mar. 2022).
An article by Agence France-Presse (AFP) and the Associated Press (AP) indicates that Türkiye has prohibited the sale of products with the LGBTQ rainbow flag to people under 18 (AFP and AP 27 June 2022). An AP article reports that during the protests by Boğaziçi University students and staff in early 2021, 12 students were detained for "unfurling rainbow flags" and later released "on condition that they regularly report to authorities" (26 Mar. 2021).
According to sources, the LGBT Pride march in Istanbul was banned in 2021 (Amnesty International 29 Mar. 2022, 374; HRW 13 Jan. 2022) and in 2022 (BIRN 27 June 2022; HRW 30 June 2022). Sources indicate that in response to protests against the ban in 2021, police "used unnecessary and excessive force" (Amnesty International 29 Mar. 2022, 372) or "tear gas and other violent tactics" (Freedom House 24 Feb. 2022, Sec. E1). Sources report that 47 of these protesters were detained by police before later being released (Amnesty International 29 Mar. 2022, 372; US 12 Apr. 2022, 84). ILGA-Europe notes that "violent interventions" were also used by the police during 2021 Pride marches that took place in İzmir, Ankara and Eskişehir (14 Feb. 2022, 143). HRW reports that in June 2022, police used "excessive force and fired pepper balls" to disperse a Pride march in Ankara and that a "dozen" people were arrested from a Pride march in İzmir (30 June 2022). According to sources, on 26 June 2022, police detained 373 (BIRN 27 June 2022) or "hundreds of" (HRW 30 June 2022) people marching despite the ban on the 2022 Pride March in Istanbul, as well as journalists at the event (BIRN 27 June 2022; HRW 30 June 2022). An article by France 24 with AFP and AP reports that metro stations were shut down ahead of the march and the police "load[ed]" protesters onto buses; "AFP's chief photographer" was also detained in this way and police "prevented" journalists from filming the "arrests" (France 24 with AFP and AP 26 June 2022).
2.2 By Society
Sources report that LGBT+ individuals face "widespread discrimination" (BBC 2 Feb. 2021; Freedom House 24 Feb. 2022, Sec. F4). According to the Netherlands Ministry of Foreign Affairs, since 2015 the "social climate for sexual minorities" has "deteriorated" (Netherlands 18 Mar. 2021, 58). A survey [1] conducted in 2019 of 150 victims and witnesses of transphobic and homophobic hate crimes, published in July 2020 by Kaos GL, found that 49 percent of witnesses of transphobic or homophobic hate crimes "did not respond to the incidents," while 24 percent of witnesses "took a supportive stance" toward the victims (July 2020, 14).
Sources report that an anti-LGBTI+ march, [the "largest demonstration of its kind" in the country (AP 18 Sept. 2022)], took place in Istanbul on 18 September 2022 (AP 18 Sept. 2022; Duvar English 19 Sept. 2022). According to the AP, the "[s]everal thousand" demonstrators demanded the closure of LGBTQ associations, the cessation of their activities, and a ban on what protesters referred to as "LGBTQ propaganda" (18 Sept. 2022). Sources also indicate that the Radio and Television Supreme Council (Radyo ve Televizyon Üst Kurulu, RTÜK), Türkiye's "media watchdog," backed the march's promotional video, classifying it as a "public service announcement" (AP 18 Sept. 2022; Duvar English 19 Sept. 2022).
According to the European Commission, citing NGO sources, "a total of 1 476 hate speech items and discriminatory remarks about LGBTIQ" individuals appeared in Turkish newspapers over the course of 2020 (EU 19 Oct. 2021, 40). AFP reports that the "growing animosity" towards the LGBT community has included "incendiary government minister tweets," "censorship of gay characters on TV and media-led boycotts of LGBT-friendly brands" (23 Feb. 2021).
Media and NGO sources report the following violent incidents targeting SOGIESC individuals in 2021:
- In March and July, transgender women were "assaulted in the street" (ILGA-Europe 14 Feb. 2022, 142).
- LGBTI+ activists were "severely" attacked in March (ILGA-Europe 14 Feb. 2022, 142).
- A trans woman who had been reported missing was found murdered in her İzmir home in March (ILGA-Europe 14 Feb. 2022, 142; DW 16 Mar. 2021).
- In March, a trans woman was attacked in Beyoğlu [a district of Istanbul] (ILGA-Europe 14 Feb. 2022, 142; DW 16 Mar. 2021) and received "severe" facial burns (ILGA-Europe 14 Feb. 2022, 142) or acid burns "all over her body and lost much of her eyesight" (DW 16 Mar. 2021).
- Another trans woman was attacked with acid three days after turning to police officers after "being threatened and beaten"; the officers "had refused to take on the case" (DW 16 Mar. 2021).
- A trans woman in Istanbul was sexually assaulted at gunpoint (DW 16 Mar. 2021).
- In November, two attacks took place against a total of four trans women; three were injured and one was killed (ILGA-Europe 14 Feb. 2022, 142).
3. Access to Services
3.1 Employment
Sources indicate that there are no legal protections against employment discrimination based on SOGIESC (Equaldex [2021]; ILGA-Europe [Dec. 2021]). According to its concluding observations on the eighth periodic report of Türkiye, the UN Committee on the Elimination of Discrimination Against Women (CEDAW) notes that, in addition to Türkiye ranking 140th out of 156 countries for women's participation in the economy and access to equal opportunities according to the World Economic Forum Global Gender Gap Report of 2021, there is a "lack of measures to address sexual harassment in the workplace," including against "lesbian, transgender and intersex women," in addition to a "low number of investigations in sexual harassment cases" (UN 12 July 2022, para. 45).
A 2020 online survey of "[m]ore than" 175 public sector employees who identified as LGBTI+ [2] conducted by Kaos GL and Kadir Has University in Türkiye found that 56.6 percent of respondents had "witnessed hate speech against LGBTI+ individuals" in the public sector; this statistic is 36.9 percent in the private sector (Kaos GL and Kadir Has University 2020, 5, 6).
3.2 Health
US Country Reports 2021 notes with regard to accessing health care services in 2021 that "some" LGBTQI+ individuals were "unable or faced discrimination" (US 12 Apr. 2022, 85).
According to an online survey from May to June 2020 on the impact of the COVID-19 pandemic on LGBTI+ youth in Türkiye, conducted by the Young Lesbian Gay Bisexual Trans Intersex Youth Studies and Solidarity Association (Young LGBTI+) [3], out of 252 young urban participants who identified as LGBTI+, 23 percent reported facing "problems" in accessing health services and medication, including "most frequently" the postponement of psychiatry appointments and a lack of access to prescription medication for transgender persons and to HIV and HPV tests and medications (Young LGBTI+ Aug. 2020, 4). Transgender Europe (TGEU), an international organization that aims to be a "voice for the trans community in Europe and Central Asia" (TGEU n.d.), reports that during the pandemic, trans people in particular "had to turn to under-the-counter surgeons" leading to "increased" complications from medical procedures, as public "hospitals did not provide transition-related services" (TGEU Apr. 2021, 67).
The 2019 Kaos GL survey found that out of 150 transphobic or homophobic hate crimes assessed, 26 had resulted in injuries to the victims, and 16 of these victims sought medical care (Kaos GL July 2020, 14). When the 16 respondents were asked by Kaos GL about the quality of medical care they received, 25.0 percent reported receiving "[i]mproper" care, 43.8 percent reported "[p]artially proper" care, and 25.0 percent reported "[p]roper" care (Kaos GL July 2020, 15).
4. State Protection
4.1 Judiciary and Police Forces
According to Freedom House, the judiciary is "highly politicized" and conducts trials "against prominent human rights activists to intimidate civil society and stifle human rights advocacy" (24 Feb. 2022, Sec. E2). The 2019 Kaos GL survey found that "only 26 of the 150 cases" of transphobic or homophobic crimes committed against LGBTI+ persons were reported to the police; "most" victims either do "'not believ[e] that the application [for reporting a crime] will work'," wish to avoid "'being exposed to the family or media by the police'," or do not want "'to be discriminated against by the police'" (Kaos GL July 2020, 6). The same source notes that for "[a]pproximately half" of the 26 cases that were reported to the police, police reacted in an "‘unconcerned’" manner, while in "about" one third of cases, police "'humiliat[ed] or rebuff[ed]'" the victims (Kaos GL July 2020, 6). According to Kaos GL's assessment, "in most cases," crimes perpetrated against LGBTI + individuals are seen by the police as "excusable" while victims of those crimes are perceived to have "deserved" them (Kaos GL July 2020, 6).
The European Commission indicates that cases of hate speech and crimes committed against LGBTIQ individuals are "not effectively prosecuted" in Türkiye (EU 19 Oct. 2021, 40). CEDAW writes that gender-based violence and discrimination against lesbian, bisexual, and transgender women were "exacerbated by widespread impunity for perpetrators of hate crimes," including murders (UN 12 July 2022, para. 28(e)). According to US Country Reports 2021, "limited steps" are taken by government officials to "investigate, prosecute, and punish" security forces and "other officials" for "human rights abuses" and "impunity remained a problem" (US 12 Apr. 2022, 2). The same source reports that in cases of violence against LGBTQI+ people, defendants were able to request a lesser sentence based on the "'unjustifiable provocation'" provision of the Penal Code and judges "routinely applied the law to reduce the sentences of persons who killed or assaulted LGBTIQ+ individuals"; these rulings have "previously" been upheld by courts of appeal, "based in part on the 'immoral nature' of the victim" (US 12 Apr. 2022, 82). Similarly, CEDAW indicates that the courts' use of "'unjust provocation'" has contributed to gender-based violence and discrimination against lesbian, bisexual, and transgender women (UN 12 July 2022, para. 28(e)). Türkiye's Penal Code includes the following provision regarding "unjust provocation":
Article 29
(1) Any person who commits an offence in a state of anger or severe distress caused by an unjust act shall be sentenced to a penalty of imprisonment for a term of eighteen to twenty four years where the offence committed requires a penalty of aggravated life imprisonment and to a penalty of imprisonment for a term of twelve to eighteen years where the offence committed requires a penalty of life imprisonment. Otherwise the penalty to be imposed shall be reduced by one-quarter to three- quarters. (Türkiye 2004)
4.2 Other Mechanisms
In their interview with Duvar English, the Kaos GL representative reported that it "would be difficult" to pursue investigations or complaints against individuals or institutions for human rights violations against LGBTI+ individuals, especially "considering the position of the state" vis-à-vis both civil society and the LGBTI+ community (Duvar English 1 Mar. 2022). According to interviews conducted by the Netherlands Ministry of Foreign Affairs with confidential sources regarding the process of filing a complaint,
If a police officer refuses to draw up a police report [after a victim of a crime makes a complaint], the victim can turn to the Public Prosecutor. The latter can then order the responsible police station to investigate the violent incident after all. This option is not free from irregularities. According to two confidential sources, a Public Prosecutor does not always prosecute or an investigation can drag on for years. Two sources say that LGBTI people are reluctant to turn to the Public Prosecutor because they do not believe they will receive a fair trial and/or are afraid of being exposed to homophobia and/or government discrimination. (Netherlands 18 Mar. 2022, 61, footnotes omitted)
Additionally, Kaos GL reports that Turkish legislation does not grant Türkiye's Ombudsman Institution the "explici[t]" authority to "conduct 'sexual orientation' and 'gender identity'-based" investigations (Kaos GL July 2020, 20). Additionally, the law regulating the Human Rights and Equality Institution of Türkiye (Türkiye İnsan Hakları ve Eşitlik Kurumu, TİHEK) "does not cover discrimination based on sexual orientation and gender identity," nor does it use "'etc.'" to allow for the possibility of "protected categories" other than those mentioned in the legislation (Kaos GL July 2020, 20).
According to TGEU, legal aid for individuals "who are unable to pay [the] financial costs of filing a legal case," including the assignment of a lawyer by the local bar association, is provided by the State for all civil cases, including the "legal gender recognition procedure" ([June 2018]).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] The survey was conducted online and included questions developed in partnership with ILGA-Europe (Kaos GL July 2020, 8). Survey responses were tested and filtered "carefully" for "reliability, completeness, consistency, and repeated notifications," resulting in the inclusion of 150 participants from 27 provinces, 120 of whom were victims of homophobic or transphobic hate crimes, and 30 of whom were witnesses (Kaos GL July 2020, 8–9).
[2] Among survey participants, 78.9 percent were between 18 and 35 years old and 57.7 percent self-identified as gay men or gay trans men (Kaos GL and Kadir Has University 2020, 5). "[O]nly" 3.4 percent of participants reported that they had "completely disclosed" their SOGIESC at work (Kaos GL and Kadir Has University 2020, 5).
[3] The Young Lesbian Gay Bisexual Trans Intersex Youth Studies and Solidarity Association (Young LGBTI+) is an organization that researches and proposes solutions to issues faced by LGBTI+ youth (Young LGBTI+ Aug. 2020, 3).
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Additional Sources Consulted
Internet sites, including: Al-Monitor; Daily Sabah; The Danish Institute for Human Rights; Denmark – Danish Immigration Service; Euronews; European Council on Refugees and Exiles; France – Office français de protection des réfugiés et apatrides; The Guardian; Heinrich-Böll-Stiftung; International Center for Not-for-Profit Law; Norwegian Helsinki Committee; openDemocracy; Organisation mondiale contre la torture; Pink Life LGBTI+ Solidarity Association; Radio Free Europe; Social and Legal Studies; Stockholm Center for Freedom; UK – Home Office; UN – UNHCR; Union of Turkish Bar Associations; US News & World Report; Wilson Center.